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R. M. LODHA, KURIAN JOSEPH, ROHINTON FALI NARIMAN
In Re. Dr. Shivbalak Choudhary Member Bpsc – Appellant
Versus
ABC – Respondent
ORDER :
At the outset, Mr. Ranjit Kumar, learned Solicitor General, invited our attention to the order dated 28.07.2008 which records that since respondent No. 1 had filed an affidavit to the effect that he has given up the claim of seeking any retiral benefits as Chairman of Bihar Public Service Commission and his term has also come to an end, the Reference insofar as respondent No. 1 is concerned has become infructuous. As regards respondent Nos. 2 and 3, the order records that proceedings of Reference may continue.
2. Mr. Ranjit Kumar, learned Solicitor General, submits that the term of respondent Nos. 2 and 3 has also come to end somewhere in 2008 and, therefore, the Reference against them has also become infructuous.
3. Mr. Anshuman Sinha, learned counsel for the respondent Nos. 2 and 3, however, submits that the Reference has not become infructuous and is alive as against these respondents because the question of retiral benefits and emoluments during the suspension period would be dependent on the report that may be sent by this Court to the President.
4. In Special Reference No. 1 of 1983, (1990) 4 SCC 262 under Article 317(1) of the Constitution of India decided on August 3, 1
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